United States of America v. Jonathan Nelson, a/k/a Jon Jon; Brian Wayne Wendt; Russell Taylor Ott, a/k/a Rusty, (2024)

Date: 06-17-2024

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Judge: Edward M. Chen

Court: The United States District Court for the Northern District of California

Plaintiff's Attorney: The United States Attorney’s Office for San Francisco

Defendant's Attorney:

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San Francisco, California criminal defense lawyer represented the Defendant charged with Racketeering Conspiracy And Related Crimes

Jonathan Nelson, a/k/a Jon Jon; Brian Wayne Wendt; and Russell Taylor Ott, a/k/a Rusty, were all sentenced to spend the rest of their lives in prison. The sentences were handed down by the Honorable Edward M. Chen, United States District Judge after a jury concluded in June of 2022 that the defendants were guilty of murder in aid of racketeering as part of their participation in a criminal enterprise involving their membership in and association with the Sonoma County charter of the Hells Angels Motorcycle Club (HASC).

“The record in this case describes a brutal brotherhood whose deeds should shock the conscience of us all,” said U.S. Attorney Ismail Ramsey. “While the life sentences cannot reverse the harm done to the defendants’ victims, it should bring some comfort to our communities to know these three defendants will never again have the ability to continue their destructive activities on our streets.”

“These three Hells Angels members were the most violent of the dozens convicted in this investigation. They used violence and fear to intimidate our community, but their brutality and disregard for human life have now earned them life in prison,” said FBI Special Agent in Charge Robert Tripp. “Today’s announcement is the direct result of years of persistence, dedication, and collaboration with our partners at the California Highway Patrol and Santa Rosa Police Department. Today, these individuals have faced the consequences of their actions, and today, we are a step closer in fulfilling our mission of eradicating organized criminal activity and keeping our neighborhoods safe.”

Nelson, 46, of Santa Rosa; Wendt, 45, of Tulare; and Ott, 70, of Santa Rosa were all members or associates of HASC. As set out in the indictment, the Hells Angels is a transnational violent outlaw motorcycle gang and the HASC is a subset of the gang whose members primarily operate in Sonoma County, Calif. On October 10, 2017, a federal grand jury indicted eleven members and associates of the HASC, charging the defendants with being part of a conspiracy whose members furthered the aims of the enterprise by engaging in a broad swath of criminal activity. The indictment described murder, narcotics distribution, assaults, robberies, extortion, illegal firearms possession, and obstruction of justice as being some of the activities in which the enterprise engaged to further its aims. The indictment also described how HASC members worked cooperatively with other Hells Angels chapters to engage in criminal activity. On September 11, 2018, a grand jury returned a superseding indictment adding a charge of murder related to the killing of HASC member Joel Silva.

The charges against Nelson, Wendt, and Ott were the subject of a nine-week trial that culminated in guilty verdicts against all three defendants. In finding all three defendants guilty, the jury concluded that each conspired to further the aims of the criminal conspiracy and that each played a role in carrying out the July 15, 2014 murder of HASC member Joel Silva. At trial, the government submitted evidence describing the role of each defendant in the murder. All three defendants concluded for various reasons that Silva should be killed. Nelson, who was then the president of HASC, arranged for Ott to take Silva to Fresno, and Silva agreed to travel there with Ott. After the two arrived at the Hell’s Angels Fresno clubhouse, Wendt, then president of the Fresno Hells Angels charter, shot Silva in the back of the head. On the morning of July 16, 2014, Silva’s body was delivered to a local crematory and was incinerated. In addition to the Silva murder, the evidence at trial included proof that HASC engaged in assaults, witness intimidation, extortion, drug trafficking, and robbery. For example, witnesses testified that HASC created a reputation for threatening anyone who goes to the police about HASC activity. In addition, testimony demonstrated that Nelson, Wendt, and other HASC members and associates threatened the lives of witnesses and their families to make clear that harm will come to anyone who cooperates with law enforcement.

In sum, the jury convicted all three defendants of participating in a racketeer influenced and corrupt organizations conspiracy, in violation of 18 U.S.C. § 1962(d); murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1); and conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5). In addition, Nelson also was convicted of assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3), and use or possession of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A).

Five other defendants pleaded guilty to charges of RICO conspiracy and have been sentenced to terms in prison of up to 84 months. Two defendants were convicted after trial of participating in a racketeer influenced and corrupt organizations conspiracy, in violation of 18 U.S.C. § 1962(d); conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3), and witness intimidation 18 U.S.C. § 1512(b).

This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Assistant U.S. Attorneys Ajay K. Krishnamurthy and Kevin Barry are prosecuting the case with the assistance of Kevin Costello. The prosecution is the result of an investigation by the FBI, the Santa Rosa Police Department, the Sonoma County Sheriff’s Department, and the California Highway Patrol.

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